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ALLEN v. MINOT AMUSEMENT CORP.

Civ. No. 9990.

312 N.W.2d 698 (1981)

Earl ALLEN and Nash Finch Company, Plaintiffs and Appellants, v. MINOT AMUSEMENT CORP. and Minot Christian Center, Defendants and Appellees.

Supreme Court of North Dakota.

November 12, 1981.

Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiffs and appellants; argued by Richard P. Olson, Minot.

McGee, Hankla, Backes & Wheeler, Minot, for defendant and appellee Minot Amusement Corp.

Eaton, Van de Streek & Ward, Minot, for defendant and appellee Minot Christian Center; argued by Nevin Van de Streek, Minot.

SAND, Justice.

This is an appeal by the plaintiffs, Earl Allen [Allen], and Nash Finch Company [Nash Finch], from a district court judgment which denied an injunction to restrain the defendants, Minot Christian Center [Minot Christian] and Minot Amusement Corporation [Minot Amusement], from using certain property in the Oak Park Shopping Center in Minot as a church, and which held that the defendants and their patrons had an easement to use the shopping center parking...

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